This regulation defines the rules for making purchases in the online store Galeria Bolesławiec – www.galeriaboleslawiec.pl by Koro Zuzanna Łazowska Coronado, Tyniecka 161, 30-376 Kraków, NIP: 676-263-56-80.
Terms used in the regulations mean:
Client – a natural (with full legal capacity) or legal person who has made or intends to make a purchase in the online store Galeria Bolesławiec. The client can be both a consumer and an entrepreneur,
Store – the online store maintained by the Seller in the domain www.galeriaboleslawiec.pl,
Consumer – under the Civil Code Act of April 23, 1964 – A user who, as a natural person, performs a legal act not directly related to their economic or professional activity. Consumers, within the meaning of these Regulations, also include entrepreneurs running a sole proprietorship who conclude contracts not of a professional nature resulting from the nature of their activities,
User Account – an account in the Store, assigned to a specific Client, containing data provided during registration,
Regulations – this document along with all attachments.
The store offers for retail sale via the internet ceramic products, dishes, handmade ceramics, ceramic decorations. The above products are available through the Store in the form of finished products, as well as custom-made or personalized products.
Detailed information about the products is available on the website www.galeriaboleslawiec.pl, as well as provided via e-mail at the Seller’s e-mail address.
The client can contact the Seller by mail at the address indicated in point 2b and electronically at the e-mail address: boleslawiecgaleria@gmail.com or by phone number: 519-703-498.
§2 Conditions of Using the Service
To place an order through the Store, the Client must meet the following technical requirements:
have a computer, laptop, or other device with internet access,
have access to electronic mail,
use an internet browser (it is recommended to use the latest version),
use a minimum screen resolution of 1024×768,
enable the ability to save cookies in the browser.
The online store provides electronic services in the form of:
registration and maintenance of the User Account, b. order form,
newsletter,
chat,
contact form.
The store does not charge any fees for providing the above services.
The above services are provided for an indefinite period. The client may at any time, without giving a reason, resign from a given service by sending an appropriate e-mail message to the Seller’s e-mail address. The client may withdraw without giving any reason from the contract for the provision of each of the services within 14 days from the date of placing the order in the manner specified above.
§3 Conclusion of Contracts
The contract is concluded between the Seller and the Client.
All prices listed on the Store’s website are gross prices (include VAT) stated in Polish złoty. Product prices do not include shipping costs.
If applicable to a given product, the Seller exercises due diligence to ensure that the product photos reflect their color, character, texture, and condition. Colors of products in photos, due to different screen resolution, calibration, and brightness of the computer screen on which the photos are displayed or the use of flash, may differ slightly from reality. For this purpose, the Store, in addition to the photo, posts a description of the product and its color. If in doubt, please contact the Seller beforehand.
Orders can be placed using the Store’s website using the Order Form (without registration) or with the help of the User Account. The Seller does not conduct sales by phone or via e-mail.
To make a purchase, the Client selects the products they are interested in the Store by clicking the appropriate button. After finishing selecting products, the Client goes to the tab where they specify the method of delivery of the products and payment for them.
Then the Client clicks the “Buy and Pay” button, which redirects the Client to the page containing information about the order being made. This information includes, among others: specification of the main features of the ordered goods, indication of the total price including taxes and delivery charges, presentation of the Client’s data provided in the order form.
The Client, in order to place an order, is required to confirm the placement of the order by clicking the “Buy and Pay” button located under the order summary.
Clicking the “Buy and Pay” button is tantamount to the Client’s declaration of awareness of placing an order entailing an obligation to pay.
The sales contract is concluded at the moment of confirmation by the Client of placing the order, i.e., at the moment of clicking the “Buy and Pay” button.
After placing an order by the Client, the Seller sends an e-mail confirming the acceptance of the order for implementation along with data concerning its implementation, which include, among others: specification of the main features of the ordered goods, the order execution time, indication of the total price including taxes and delivery charges, presentation of personal data of the Client provided in the order form.
The preservation, securing, and making available of the content of the concluded contract takes place by:
making these regulations available on the Store’s website,
preserving the content of the contract in the Store’s information system.
The Seller reserves the right to refuse to execute an order under the sales contract if the Client’s contact details are untrue.
In the case of a product made to order or personalized, the client purchases the product through the Store, and then provides the Seller with instructions concerning the order in the form of an e-mail message.
§4 Payment Terms and Methods
The website provides the following forms of payment for the order:
by bank transfer to the Seller’s bank account (prepayment),
via an external payment provider (prepayment),
cash to the delivery provider with the ordered products upon receipt of the products (cash on delivery).
The Client is required to make payment within 3 business days from the date of purchase.
In the event of the need to return funds for a transaction made by the client, the Seller will make the refund using the same payment instrument used by the Client to make the payment.
§5 Methods and Costs of Delivery
The Client bears the cost of delivery of the ordered products to the destination.
Products are delivered to the address specified worldwide. Charges for the delivery of products are stated in the panel and in the e-mail confirming the acceptance of the order.
The Seller provides the following methods of delivery of products:
by courier shipment,
via Polish Post,
personal pickup.
The order execution time is up to 2 business days from the crediting of the payment for the ordered product to the Seller’s account (or, in the case of payment by credit card, from the moment of obtaining a positive payment authorization).
§6 Right of Withdrawal from the Contract
The provisions contained in this paragraph grant rights exclusively to the Client being a Consumer.
The Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the day of receiving the shipment or personal collection of the goods, without giving any reason.
The Client may submit a statement of withdrawal from the contract using the withdrawal form located at the end of the regulations, either by mail to the address: Tyniecka 161, 30-376 Kraków, or to the contact e-mail address: boleslawiecgaleria@gmail.com.
Submitting a statement of withdrawal from the contract without using the form does not affect the effectiveness of the withdrawal. For the effectiveness of the statement of withdrawal, it is sufficient to send the statement before the expiration of the deadline.
The Seller immediately confirms by e-mail (to the address provided when placing the order) the receipt of the statement of withdrawal from the contract.
The Consumer should return the purchased products within 14 days from the day of sending the statement of withdrawal to the Seller’s address.
In the event of sending a statement of withdrawal from the contract, the contract is considered not concluded.
The Consumer bears the direct costs of returning the purchased products.
The Consumer is liable for compensation for the reduction in the value of the goods resulting from using them in a way that goes beyond necessary to establish the nature, characteristics, and functioning of the goods, such as the costs of cleaning, repairing parts, tearing tags. In order to establish the nature, characteristics, and functioning of the goods, the consumer should handle and inspect them only in the same way they could do it in a stationary store.
The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer’s statement of withdrawal from the contract, return all payments made by him, including the costs of delivering the product (excluding additional costs resulting from the Client’s choice of a method of delivery other than the cheapest ordinary method of delivery provided by the Store). The Seller makes the refund using the same method of payment used by the Consumer, unless the consumer has expressly agreed to a different method of refund.
The Seller may withhold the refund of payments received from the Consumer until the Product is returned or until the Consumer provides proof of its return.
The right of withdrawal from the contract does not apply to contracts:
in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specification or serving to satisfy his individualized needs,
in which the subject of the service are goods that, due to their nature, become inseparably connected with other goods after delivery.
§7 Liability for Compliance with the Contract (Complaint Procedure)
The Seller is obligated to provide services and goods in accordance with the contract. The Seller has a legal obligation to deliver goods without defects.
The rules concerning the Seller’s liability towards the Consumer under contracts obliging the transfer of ownership of goods to the Consumer are regulated by Chapter 5a of the Act of May 30, 2014, on consumer rights.
In the scope of complaints, the Consumer may exercise rights granted to him by the provisions of the Act of May 30, 2014, on consumer rights, including for the lack of conformity of the goods with the sales contract.
The Seller is liable to the Consumer for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the goods specified by the Seller is longer. Before the expiration of the above term, the Consumer may notify the Seller of the detection of non-compliance by sending an appropriate message using one of the means of contact with the Seller, as mentioned in §1 sec. 5.
The Seller confirms the receipt of the complaint and calls the Consumer to immediately deliver the goods non-compliant with the contract to the Seller, in order to respond to the complaint.
In case of non-consideration of the complaint, the goods will be returned along with the opinion on the unfoundedness of the complaint.
If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the day of delivering the complaint, it is assumed that he acknowledged the consumer’s complaint and his request.
The Client not being a Consumer may exercise rights granted to him by the Seller under the warranty for defects, under the terms specified in Art. 556 and following of the Civil Code. The Seller is liable to the Client not being a Consumer if the sold product has a physical or legal defect (warranty).
The Seller is liable under the warranty if a physical defect is found before the expiration of two years from the day of issuing the goods to the Client not being a Consumer.
The Client not being a Consumer loses rights under the warranty if he did not examine the thing in time and in a manner accepted with things of this type and did not immediately notify the Seller of the defect, and in case the defect came out later – if he did not notify the Seller immediately after its detection.
§8 Contracts Concluded with Entrepreneurs Placing Orders for Professional Purposes
The provisions of this paragraph apply exclusively to contracts concluded with Clients who are entrepreneurs placing orders for professional purposes.
Placing an order on behalf of a legal person or organizational unit without legal personality is tantamount to submitting a declaration that the person placing the order is authorized to represent the entity on behalf of which the order was placed. Placing an order without appropriate authorization will result in liability of the person placing the order for all damages resulting from this fact.
The entrepreneur is obligated to examine the shipment delivered to him by the carrier in a manner customarily accepted, and in case of detecting a shortage or damage to the product, he is obligated to perform all actions aimed at determining the carrier’s liability.
The Seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the day of its conclusion without giving reasons.
All disputes arising from the implementation of the contract concluded between the Seller and the Entrepreneur shall be settled by the court competent for the Seller’s seat. The applicable law is Polish law.
§9 Out-of-Court Ways of Dispute Resolution
In order to resolve a dispute arising in connection with making purchases in the Store, the consumer has the possibility to seek help from the following institutions before filing a case in the common court:
using the permanent consumer arbitration court, as referred to in the Act of December 15, 2000, on the Trade Inspection by submitting an application for resolving a dispute arising from the sales contract,
addressing the Provincial Inspector of the Trade Inspection with an application for initiating mediation proceedings to amicably end the dispute,
seeking help from the district or municipal consumer ombudsman or a social organization whose purpose is to protect consumer rights.
Detailed information on the possibilities for the consumer to use out-of-court dispute resolution methods and the availability of procedures are available at the offices and on the websites of institutions such as the Trade Inspection, district (municipal) consumer ombudsmen, social organizations dealing with consumer rights protection, as well as the Office of Competition and Consumer Protection.
The address http://ec.europa.eu/consumers/odr provides an internet platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking to resolve a dispute concerning contractual obligations arising from an online sales contract or service contract out-of-court.
§10 Final Provisions
The Seller reserves the right to change these Regulations due to changes in the applicable law or changes in the way contracts are concluded and implemented. These changes will not affect placed, executed, or performed orders and contracts.
In matters not regulated by these Regulations, the provisions of generally applicable law apply, in particular the Act of April 23, 1964, Civil Code, and the Act of May 30, 2014, on consumer rights. The applicable law for the sales contract is Polish law, unless the law applicable to the consumer’s place of residence regulates his rights in a more favorable way for the consumer.
These Regulations are effective from October 21, 2023.
